This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More

Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More

If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More

You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More

You could request a CORI or CARI report before applying for an FID card so you know what is there. In all likelihood, unless the 209A restraining order was vacated by the judge and the judge ordered the records removed, it would likely appear on your report. I would suggest speaking with an... View More

Judges have discretion in this situation, but I think it makes sense to go forward with your modification. Based on his employment and age alone, it seems like child support should end. Obviously, this is said with very limited information, but I think it would be hard for your ex-wife to argue... View More

The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More

You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More

It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.

DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... View More

If your spouse agrees, you can file together and the court will (usually) schedule a Zoom hearing to enter the judgment of divorce. It can be easy if you file jointly (as a 1A divorce).

From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... View More

I am not a guardianship expert, but you can obtain a copy of the order appointing the guardian from the register's office in the county where the case was filed. That order/decree will detail the powers granted to the guardian.

It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... View More

You can file a Complaint for Modification and ask that your child support be terminated by the court. If you believe it should be terminated, you should file as soon as possible because a judge can only order it to be adjusted retroactively as far back as there is a pending Complaint for... View More

Most likely it is just an error by the registry unless there has been a recent filing. You could contact the registry for the county where the divorce occurred and ask them to close it, but probably not worth the effort as there is no consequence to the "active" designation if there is no... View More

Unfortunately for you, probably not. If your daughter returns to your ex-wife's home for school breaks, that would still likely be considered her primary residence. You could always agree with your ex-wife to reduce the child support payment based on your daughter going to boarding school, but... View More

It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... View More

I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.

Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as... View More

Unfortunately, it depends. For purposes of alimony, the duration of marriage is calculated as the date of marriage through the date of service of the Complaint for Divorce. So, if your ex-spouse filed on March 19, 2021, it would be whatever date after that you were actually served with the divorce... View More